A quiet title action—also known as a trespass to try title action—is a lawsuit against a party who claims an interest in a piece of real property (land). In a quiet title action, the plaintiff seeks to establish the plaintiff’s title (ownership interest) in the land by forcing the adverse claimant (the defendant) to establish or prove an interest in the land or be forever estopped (precluded) from asserting an interest in the land.
The resolution of such a lawsuit is designed to settle or quiet a disputed claim to title or ownership of the land.
Laws regarding quiet title actions may vary from state to state and may be located in a state’s statutes or in its court opinions (common law or case law). The terms used for such a claim may also vary and in some states there may be a distinction between a quiet title claim and a trespass to try title claim—or a quiet title claim may be treated as an informal reference to a trespass to try title claim.
In Florida, a quiet title action is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit is filed by an individual or entity seeking to establish their title against any other party who claims an interest in the same property. The goal is to 'quiet' any challenges or claims to the title, thereby providing a clear and undisputed ownership record. Florida statutes govern the procedures for filing a quiet title action, including the requirements for serving notice to potential claimants and the standards for proving ownership. The outcome of a quiet title action in Florida is a court judgment that determines the rightful owner of the property and eliminates any other claims, unless those claims are brought forth in a timely manner during the quiet title proceedings. It is important to note that quiet title actions in Florida may not clear all claims against a property, such as government liens or taxes, and individuals considering such action should consult with an attorney to understand the implications and likelihood of success.